Overview

This book explores the emerging development of community-investor dispute prevention and facilitation mechanisms employed by multilateral and national development banks in the Asia Pacific region. In the decades since the development of the first accountability mechanisms were introduced, much has been learned about public consultation, community engagement and dispute prevention during the early stages of major infrastructure development programs. Drawing on case studies, project statistics and survey data, this book explores the achievements, challenges and lessons learned in community-investor dispute prevention and resolution in infrastructure projects in 12 states in the Asia Pacific region. Given the widescale impact of such projects, understanding how to advance consultation practices with local communities is necessary to realize the benefits of sustainable growth. This book allows readers to understand that localized decision-making channels, far from aggregating disputes, conversely provide a conduit to incorporate joint aspirations into project design such that disputes are avoided.

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9781009497664

Table of Contents

Reviews

'There is a great deal written about disputes and dispute prevention in infrastructure development, but what we need is empirical work regarding different mechanisms that have been used over time. This book provides that necessary empirical grounding and thus should be read by scholars, advocates, and international and national financial institutions. Its focus is on the Asia Pacific region but its implications are global.' Gregory Shaffer, Scott K. Ginsburg Professor of International Law, Georgetown University Law Center 'In the past two decades there has been growing recognition that formal dispute resolution benefits immensely from early warning and avoidance techniques. This study is further evidence that well-designed consultative mechanisms and stakeholder engagement in the pre-project and project development stages is a vital partner in preventing or mitigating disputes and leading to better outcomes for all. The case studies are especially effective in demonstrating the variety of approaches to consultation and mid-project grievance mechanisms and the importance of project design. Professor Ali is to be commended for her contribution to this literature and her thoughtful recommendations on enhancing the effectiveness of these techniques.' Meg Kinnear, Arbitrator, LKDR LLC, and former Secretary-General of ICSID (2009–2024) 'At the heart of this book is the place of community in building infrastructure. It is the power of community that can progress a project to approval and construction or it can hold back the development of a project until issues are discussed, consulted and approved. Good investment is knowing your development partners, performance standards, understanding and practicing consultation and making it a genuine experience for all parties. This book identifies the key ingredients for practitioners, banks and investors. Learn it and know it. The result may create an investment for the future of a country and its peoples.' Dame Meg Taylor, First Vice President of the Compliance Advisor Ombuds (CAO) Office of the World Bank/IFC 'This is a timely and refreshing collection of essays, of value to academics, legal practitioners, project financiers, and policymakers across the greater Asia-Pacific region. Drawing on a wealth of empirical data, case studies, and theoretical insights, it consolidates and confirms empirically what many have long suspected, that well-designed, inclusive, and collaborative stakeholder consultation mechanisms in the early stages of infrastructure project development reduce the frequency and intensity of disputes, benefiting communities and project developers alike. It also offers well-considered recommendations for improving engagement to make them even more effective and inclusive, preempting disputes, and creating genuine opportunities for mutual benefit across diverse cultural and geographic contexts. At the same time, it invites readers to reflect on law's role not only in dispute resolution, but dispute prevention-with profound implications beyond the realm of infrastructure development in Asia.' Victor V. Ramraj, Professor of Law and Chair in Asia-Pacific Legal Relations, University of Victoria 'In a period when the field of international development is undergoing seismic changes and many assumptions are being re-examined, Shahla Ali provides a much-needed fresh perspective. One of the enduring issues facing infrastructure projects around the world has been the lack of engagement with local communities. Professor Ali shows how consultation with such stakeholders by multi-lateral and national development banks at the due diligence stage of major infrastructure projects can lead to decreased conflict over natural and human resources. This insight has implications for a wide array of fields from development finance to business and human rights to corporate compliance to dispute resolution. Drawing on mixed sources and focusing on the Asia Pacific, Professor Ali's study opens up a new field for the future of international development-one in which community stakeholders move from the margins to the center.' Matthew S. Erie, Associate Professor of Law, American University Washington College of Law

Author Information

Shahla F. Ali is a professor of law at the University of Hong Kong where her teaching and research focus on arbitration, governance and law and sustainable development in a comparative context. She serves as a bilingual arbitrator and advises on mediation systems design and training with USAID, IFC/World Bank, ADB, AIIB and the United Nations.

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